Open Market Contract - Cornerstone Stewards Inc - WWTP Raw Sewage Pump No 2 Rehabilitation

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Section 9. Notwithstanding the provisions of Section 5, the Employer may call the Union for an individual by name, provided he or she is not then employed by another Employer. If available, the Union shall refer that individual. Section 10. The Union agrees to hold harmless and to indemnify any Employer in any claim arising out of the Union's referral rules/practices or the Union's or JATC's administration of the Apprenticeship Program. ARTICLE XXXV SUBSTANCE ABUSE TESTING Section 1. Recognizing that project owners, government regulations, and other external pressures often necessitate substance abuse testing, the Parties mutually agree to implement the substance abuse program("SAT Program") and perform substance abuse testing in accordance with the SAT Program attached hereto as Exhibit A. Section 2. Each Employer party to this collective bargaining agreement agrees to pay the SAT Program $.03/hour (3 cents per hour) for each hour worked by each Employee working under this Agreement. The contributions to the SAT Program will be deposited each month, or at such other regular intervals as may be determined by the ICI-LRD ("Association") to the depository designated by the Association. and such contributions shall be reported on such forms as may be designated by the Association. Section 3. Each Employer party to this collective bargaining agreement agrees that a representative designated by the Association shall be permitted, upon request, to audit the payroll records of the Employer to determine compliance with this Article. In the event a lawsuit is commenced to collect any delinquencies, and a delinquency is determined due then the Employer agrees to be responsible for, and to pay, all expenses and costs of collecting such delinquency including attorney's fees incurred by the Association in pursuit and collection of such delinquency. Section 4. It is expressly agreed and understood that no Employee, Employer, or Union has any vested or proprietary interest in or right to any monies constituting a part of such Substance Abuse Testing Program. Section 5. The costs of the tests associated with this program will be paid from the contributions identified in Section 2 in accordance with the terms of the SAT Program. EXHIBIT A SUBSTANCE ABUSE TESTING PROGRAM I. POLICY STATEMENT. All signatory Employers to this Agreement and the Union have a commitment to protect people and property, and to provide a safe 31